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Raymond Jacoub

Raymond Jacoub’s Answers

10 total

  • I made a false accusation against someone, I am on probation, can I be violated, I didnt go to the police,

    I made a comment on there job website, regarding underage kids, this was false, the detective that came over, to talk with me, I told the truth, and he told my probation officer, can I be in violation, she didnt lose her job, and the officer to...

    Raymond’s Answer

    You should not be violated for what you have done unless you involvement with these people somehow violates an express condition of your probation. For example, if you had indirect contact with someone you were prohibited from contacting as a condition of your probation, this might be considered a violation of your probation.

    Lying on a web site is not a crime in general. Making a false report of a crime to the police is a crime, but you indicated that you did not do that.

    Defaming someone is a tort, however, which could subject you to civil liability in a law suit.

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  • What do cops need to prove a selling/delivering alcohol charge?

    Im a college student in mass. i am 1 of 3 seniors who live off campus. We had a party during the weekend and cops came and broke it up. this has happened in the past and they just kick everyone out and leave. I asked one cop the following "don't w...

    Raymond’s Answer

    To answer your question about the charge, you can be convicted if you procure (like at a liquor store) or furnish alcohol to a minor. "The word 'furnish' shall mean to knowingly or intentionally supply, give, or provide to or allow a person under 21 years of age..." M.G.L. c. 138, §34. If the prosecution can prove that you even allowed minors to drink at your apartment knowingly and intentionally, you can be convicted. So if there's a big party at your residence, and several of the guests are minors, and there's a cup of beer for every guest, there's a strong likelihood of conviction if the police identified the minors. If your roommate has a friend over who is under 21 drinking one beer, and you're your own bedroom, there's little likelihood of a conviction. You'll want to make sure you don't get a guilty finding because that would result in a one-year suspension of your Massachusetts driver's license or right to operate in this state. You could get a lesser finding of a continuation without a finding of guilt that would not trigger a license suspension. A careful analysis of the facts would be necessary to determine what your strategy ought to be.

    As for the police abuse, get witnesses to sign statements recounting what happened. You may have a viable civil rights claim against the police department and the town.

    In both instances, it would be important to consult with an attorney.

    Raymond Jacoub

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  • Is an open container violation in MA anything to be concerned with?

    A friend borrowed my car and had an open beer in it. He went into a store and left the car running with the empty beer bottle in the cup holder. When he came out he saw a police officer looking in the car and panicked. He left the car at the store...

    Raymond’s Answer

    If this is charged as a criminal offense the penalty is a minimum of $100 and a maximum of $500. M.G.L. c. 90, §24I. Although the Registry of Motor Vehicles does not list this offense as surchargeable, there are license suspension consequences if you are a junior operator (under 18). A conviction of the open-container law for a junior operator would result in a 180-day suspension for a first offense and a 1-year suspension for a second-offense. M.G.L. c. 90, §24P(b).

    Even if you are not a junior operator the RMV can use this against you in any unrelated hearings in the future. If you can get an acquittal, go for it. If the evidence does not look good for you, i.e. your friend won't testify on your behalf, you might consider admitting to sufficient facts in order to get a continuation without a finding of guilt.

    Raymond Jacoub

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  • I was caught shoplifting at Macy's in Massachusetts TODAY. I was not arrested, but LP told me that Macy's will prosecute me..

    whats going to happen next?

    Raymond’s Answer

    I agree with the last answer. Shoplifting is a misdemeanor, so you will be summoned to appear at a clerk-magistrate's hearing, also called a show-cause hearing, rather than to appear in court in front of a judge. The purpose of the magistrate's hearing is to determine whether there is probable cause to issue a criminal complaint, which would then require you to appear in court on an actual criminal case.

    It may be possible to stop the criminal complaint from issuing even if there is probable cause. It would require the cooperation of the police department, if one is involved, or the store security staff filing the application for complaint if the police were not involved. Unfortunately, larger stores like Macy's do not tend not be generous in this regard. It's a matter of principle for them.

    It is important, notwithstanding the likelihood of success of preventing the issuance of a criminal complaint, to have an attorney at the show-cause hearing. You will not want to say anything at the hearing that would incriminate you, and an attorney could defend you without having you say anything. An attorney would know how to get access to reports and video recordings. An attorney would be able to spot weaknesses in the store's case. An attorney might be able to negotiate a settlement that would keep the criminal complaint from issuing. Even if the complaint does issue, an attorney would be able to obtain discovery that would give you an advantage over the prosecutor well in advance of when the prosecutor ever sees the case.

    Raymond Jacoub

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  • How do you clear having a default warrant in MA?

    My friend was given a warrant for missing a court date the he recieved for a parking ticket. Now he has a warrant and we are trying to figure out how to clear it. If we go to the court house is it possible to just pay the fine and not get arrested?

    Raymond’s Answer

    It's best to clear the matter in court before the subject gets arrested on the warrant. If it's a minor offense, there might not be harm in going to the court directly. However, it's likely that there's something more than just a parking issue involved here for a warrant to have issued. Depending on what charges there are and the subject's history, the prosecution could ask for bail in theory. There are too many variables at play to answer the question without knowing more.

    Hiring an attorney who practices in that court regularly is a good idea. If that is not an option, bringing enough cash (not checks) would help guard against detention.

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  • What happens if I can't pay my probation fee what will happen?

    I have a trespassing and deadly weapon charge I was put on a three month stay away and clear without finding but I cant pay my fee for probation what will happen to me?

    Raymond’s Answer

    Non-payment of your probation-supervision fee will likely result in a violation of probation notice and an arraignment on a violation of probation proceeding - even if you are in compliance otherwise. You do not want a violation of probation on your record. How the scenario plays out depends on how much contact you've had with the probation officer and the degree of compliance with the other terms of probation, including monthly reporting requirements. It also depends on whether your probation department is expecting monthly payments or whether you've been permitted by the court to pay the probation supervision fee on a lump-sum basis by the end of your probation.

    You need to call your probation officer immediately because you do not want the probation officer to come casing after you. The courts need the money. It's good to make regular payments because you establish a record of compliance that way. If the probation officer feels like you are non-compliant and non-responsive, then he or she has no choice but to issue a notice for violation of probation, which will begin the proceedings against you. How in-touch you are with the probation officer will dictate whether you are permitted to appear on your own or by way of an arrest warrant.

    The best course of action, again, is to take the initiative. If payment is impossible, you may be permitted to work it off through community service. If you cannot work it out with the probation officer, file a motion to advance the case in court and ask the judge.

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  • How long can someone be detained in a dubai detention center?

    I have a friend who is a geologist and he went to Dubai to purchase some gems. He didn't, however, realize that he had to have certain paperwork to get them out of Dubai. He has been detained for thirteen days. He is a UK citizen. It is my underst...

    Raymond’s Answer

    I agree. One would have to be an expert in local law and, more importantly, local customs, to be able to answer that question. In all likelihood, one would benefit from knowing the right people in a situation like that, but a foreign-national's right to contact his UK consular official would be the best start.

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  • Do the courts have to dismiss charges if they put the wrong date of incidnet on the complain?

    I have a complaint against me for larceny less and the date of the incident is not correct on the summons I received. Do they have to now drop these charges since the date they are showing puts me somewhere else?

    Raymond’s Answer

    If the date of offense is incorrect, and the error is clerical, then the Court will not be inclined to dismiss the complaint. The DA's office can move to amend the date of offense to correspond with the facts. If the error is not clerical, and the complainant misidentified you, then you have the right to present an alibi defense at trial. If the error is obvious, and there is insufficient information in the application for complaint (and the police report) to tie you to the offense, then you might be able to get the complaint dismissed by way of a motion to dismiss for lack of probable cause.

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  • Pretrial making a plea bargain

    I just had my first pretrial three days ago, and it went really quick, have it continued to december. I asked my court appointed attorney if we could talk to the DA about a plea bargain, but he just told me "well this is a serious case, and we n...

    Raymond’s Answer

    It's difficult to answer this question based upon the information provided. The only ways to resolve your case are by way of a change of plea, a dismissal (or entry of nolle prosequi) or trial. It's an adversarial system, and there might not be a need to speak to the prosecutor unless you have instructed your attorney that you are inclined to plead guilty.

    In rare circumstances, a prosecutor could be persuaded to dismiss charges, but your attorney would have to convince the prosecutor that no crime was committed or that you were misidentified. Generally, if there is any evidence to support the charge, even if appears weak to you, the DA's office will not move to dismiss the charge. If that is not the case with you, then your options are to plead guilty or go to trial.

    It looks like you do not want to admit guilt and that you want to defend against the charges, which is your right. Your options in that case are for the ADA to dismiss the charges or for you to go to trial to defend against the charges. If the ADA is not inclined to dismiss the charges, and if you do not want to admit guilt, then there isn't much of a reason for your attorney to speak to the prosecutor. You would be in trial mode.

    If, on the other hand, you want to plead guilty because you think you can get a favorable disposition, then there should be discussions with the ADA. Your attorney may be waiting for a good opportunity or for more information to become available. Your attorney may be waiting for leverage to apply in the plea negotiations. The best thing to do is to speak to your attorney and ask what he or she plans to do next.

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  • Can the police say "if you dont tell us the truth, theirs gonna be a problem"

    I told the police mutiple times i did not know what happen, so then i was gonna remain silent once they continued to intergate me, but the officer said "if you dont tell us the truth theirs gonna be a problem" so i thought he ment "if you dont tel...

    Raymond’s Answer

    The police cannot force you to answer their questions. See my article on the right to remain silent. Get an attorney.

    http://www.avvo.com/pages/show?category_id=6&permalink=what-exactly-is-your-right-to-remain-silent

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